7 LONG TITLE
8 General Description:
9 This bill enacts provisions regarding certain restrictive covenants relating to real
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ prohibits the enforcement of a restrictive covenant in a previously recorded written
15 instrument relating to real property;
16 ▸ allows a property owner to record a modification document declaring a restrictive
17 covenant void;
18 ▸ allows a condominium or community association to amend the association's
19 governing documents to remove a discriminatory restrictive covenant; and
20 ▸ prevents a county recorder from charging a fee for recording a modification
22 Money Appropriated in this Bill:
24 Other Special Clauses:
26 Utah Code Sections Affected:
28 57-21-6.1, Utah Code Annotated 1953
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 57-21-6.1 is enacted to read:
32 57-21-6.1. Discriminatory housing practices regarding real estate -- Existing real
33 property contract provisions.
34 (1) As used in this section:
35 (a) "Association" means the same as that term is defined in Section 57-8-3 or
37 (b) "Board" means:
38 (i) a management committee as defined in Section 57-8-3; or
39 (ii) the same as that term is defined in Section 57-8a-102.
40 (c) "Governing documents" means the same as that term is defined in Section 57-8-3 or
42 (2) Any provision in a previously recorded written instrument relating to real property
43 that expresses any preference, limitation, or discrimination based on race, color, religion, sex,
44 national origin, familial status, source of income, disability, sexual orientation, or gender
45 identity is void.
46 (3) It is a discriminatory housing practice to enforce a provision described in
47 Subsection (2).
48 (4) Except as provided in Subsection (5), a person with a fee simple interest in the real
49 property that is subject to the recorded written instrument described in Subsection (2) may
50 record with the county recorder a modification document on the real property in the following
52 "Any provision in a previously recorded written instrument that expresses any
53 preference, limitation, or discrimination based on race, color, religion, sex, national origin,
54 familial status, source of income, disability, sexual orientation, or gender identity is void under
55 Utah Code Section 57-21-6.1.".
56 (5) (a) If a written instrument described in Subsection (2) is a governing document, an
57 association may, in accordance with this section, amend the association's governing documents
58 to remove a provision described in Subsection (2).
59 (b) (i) If an owner believes an association's governing documents include a provision
60 described in Subsection (2), the owner may submit a written request to remove the provision.
61 (ii) Within 90 days after the day on which the board receives a written request, the
63 (A) shall investigate a claim that the association's governing documents include a
64 provision described in Subsection (2); and
65 (B) if the board determines the association's governing documents include a provision
66 described in Subsection (2), may remove the provision from the governing documents by
67 amending the association's governing documents through a majority vote of the board,
68 regardless of any contrary provision in the association's governing documents.
69 (c) Any association officer may execute the amendment to remove the provision
70 described in Subsection (2) from the governing documents.
71 (d) Notwithstanding any contrary provision in the association's governing documents,
72 an amendment under this subsection does not require approval of the association's members.
73 (6) A provision in a recorded written instrument that is void under this section does not
74 affect the validity of the remainder of the previously recorded written instrument.
75 (7) An owner who records or causes to be recorded a modification document under
76 Subsection (4) that contains modifications not authorized by this section is solely liable for the
78 (8) A county recorder may not charge a fee for recording a modification document
79 under this section.